Bond stays high in assault case

Published 12:00 am, Thursday, January 21, 2010

MIDDLETOWN -- A judge on Wednesday refused to lower the bond for a Deep River man accused of assaulting a 6-year-old on Dec. 17.

Harold Gargiulo, 31, of 52 Essex St., was arrested after a police investigation into a report of child abuse. The investigation was launched after social workers spoke with the alleged victim.

Gargiulo reportedly attempted to break up a fight between a 6-year-old boy and his 3-year-old sister, according to the police report. The child told police that Gargiulo pushed him on the floor and punched him in the stomach. He also told police that Gargiulo "drinks Red Bull and gets mad," according to the arrest warrant. Police observed bruising on the child's arms, which they described as consistent with being grabbed by an adult.

Gargiulo, who is being held in lieu of $50,000 bond, and the victim's mother denied the charges and told police no abuse had taken place, according to the arrest report.

Shortly after his arrest, a city judge ordered a protective order between Gargiulo and the alleged victim and barred Gargiulo from the home.

The protective order has left the accused homeless, his attorney said.

Public Defender Laura Lamb, in asking for a lower bond, said there are many unanswered questions in the police report and pointed out that, although her client has a criminal record, he has no convictions for failure to appear in court.

Gargiulo has prior arrests for assault, risk of injury and reckless endangerment, according to court documents.

In denying Gargiulo request for a bond reduction, Middletown Superior Court Judge Elpedio Vitale noted the defendant's criminal record and pointed out that, while Lamb stated there are answered questions in the arrest report, she failed to point out to the court what those questions were.

Gargiulo also refused to enter a residential treatment program for substance abuse, which Vitale said did not help in his request for a bond reduction.